Russell McVeagh

New Zealand's premier law firm

Work

Health

Russell McVeagh acts for several national and international participants in the health sector, as well as those organisations impacted by central Government health policy decision making.

Our expertise span a range of areas and issues, including: health policy and regulation, district health board governance, judicial review of health funding and Ministerial decision making, competition issues, access to medicines, community pharmacy, pharmaceutical, medical disciplinary matters, and medical ethics.
 
Our recent work includes:

  • Development of submissions and advice on the Public Health Bill, the Sale of Liquor (Objections to Applications) Bill, and the Sale and Supply of Liquor and Liquor Enforcement Bill.
  • Provision of advice on access to medicines, the preparation of strategic advice for the community pharmacy sector on automated dispensing and contracting with District Health Boards.
  • Successful judicial review of the Retirement Villages Code of Practice.
  • Assisting the retirement industry and elder care services providers.
  • Provision of advice with respect to direct consumer advertising.
  • Advertising standards.
  • Development of submissions on the National Medicines Strategy.
  • Provision of advice regarding access to medicines and PHARMAC decision making.
  • Assistance with drafting of the Brown "Death with Dignity" Bill.
  • Government relations and policy development.
  • Comprehensive competition law advice to health providers.

The Future of Health

Despite prevailing political views about the private delivery of health and social services, private sector involvement in health solutions can be expected to increase. For example, the role of community pharmacy in primary healthcare provision will grow, particularly in those areas where access to general practitioners is constrained. Similarly, private provision of elder care and outsourced health provision will become more, rather than less, of a feature of the health sector.

Sectors normally removed from health policy will also find themselves impacted by the extension of public health policy into areas such as the regulation of the manufacture, sale and marketing of food and beverages. The increasing level of discretion granted officials, together with prevailing views about the role of industry in negative health outcomes suggest the potential for official decision making and assumptions to impact on legitimate business activity.

Access to medicines and new molecules will also continue to be problematic, with the ongoing tension between narrow fiscal control and improved health outcomes exacerbating the already chronic underfunding of access to medicines.

Within the health sector itself, devolved management structures will continue to give rise to governance problems and fragmented approaches to policy implementation. These in turn have the potential to impact adversely on service delivery and service contracting with private sector service providers.

Finally, increased pressure on the medical profession and reliance on overseas practitioners to address the shortfall in locally skilled personnel will continue to cause issues with the maintenance of professional standards and accountability. Service quality, competency assurance, ethics and disciplinary matters will continue to require specialist legal advice and input.

Publications

"Pharmac's Commerce Act exemption questioned"
19 December 2008 Public Law Newsletter

"Court Of Appeal Decision - Auckland DHBs and Lab Tests Tender"
3 October 2008 Public Law Newsletter

"Elimination of Health Risk Trumps Freedom"
3 July 2008 Dominion Post

"Thin End of the Policy Wedge"
16 April 2008 Dominion Post

"Pan Pharmaceuticals decision to have major repercussions" 
20 August 2008 Public Law Newsletter

"Budget Special 2008"
22 May 2008 Public Law Newsletter

"Inquiry into the management of conflicts of interest at the Hawkes Bay DHB" 
10 April 2008 Public Law Newsletter

"ACC Review"
10 April 2008 Public Law Newsletter

"Medicines Strategy Released"
19 December 2007 Public Law Newsletter

"Budget Special 2007" 
18 May 2007 Public Law Newsletter

"Terms of reference for Liquor review released" 
21 February 2007 Public Law Newsletter

"Water Quality - Perfection at any price?"
6 July 2007 Public Law Newsletter

"Budget Special 2006"
19 May 2006 Public Law Newsletter

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